Unless another method of levy is provided by this article, to levy upon tangible personal property in the possession or under the control of the judgment debtor, the levying officer shall take the property into custody.
§ 700.030.Levy Upon Tangible Personal Property Under Control of Debtor
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 4. Methods of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 700.030 requires the levying officer, unless another levy method applies, to take physical custody of tangible personal property that is in the possession or under the control of the judgment debtor.
Full Text of § 700.030
Plain-English Summary
For ordinary personal property sitting with the debtor, the levy method is direct: the levying officer takes the property into custody. Section 700.030 is the default rule, giving way whenever this article specifies a different procedure for a particular type of property.
That is why so many of the sections around this one exist. Property in the possession of a third person follows § 700.040 instead. A going business gets the keeper option of § 700.070. Chattel paper, instruments, negotiable documents of title, deposit accounts, and other specific categories each have their own method precisely because § 700.030's custody rule would not fit them.
Frequently Asked Questions
How does a levying officer levy on ordinary personal property held by the debtor?
By taking the property into custody, unless this article specifies a different method for that particular kind of property.
When does § 700.030 not apply?
Whenever another section of this article provides a different levy method — for property in a third person's possession, for a going business, or for specific property types like instruments or deposit accounts.
Does this section apply to property in a third party's possession?
No, that situation is covered separately by § 700.040.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: levy tangible personal property debtor possession california